State v. Pearson, 16744

• Decision Date: 13 May 1953
• Docket Number: No. 16744,16744
• Citation: 223 S.C. 377,76 S.E.2d 151
• Court: South Carolina Supreme Court
• Parties: STATE v. PEARSON

Page 151

76 S.E.2d 151

223 S.C. 377

STATE v. PEARSON

No. 16744.

Supreme Court of South Carolina.

May 13, 1953.

Hydrick & Hydrick, Orangeburg, for appellant.

Julian S. Wolfe, Sol., Orangeburg, for respondent.

OXNER, Justice.

The question presented is whether on the trial of a person charged as a second offender for operating a motor vehicle while under the influence of intoxicating liquor a report by a magistrate to the Highway Department, made pursuant to Section 46-347 of the 1952 Code and duly identified by the custodian of the records, is admissible in evidence for the purpose of showing a prior conviction.

Under the terms of Section 46-343 of the 1952 Code, it is unlawful for any person who is under the influence of intoxicating liquor to drive an automobile within this State. Section 46-345 fixes the punishment for the violation of the foregoing section, which is enhanced for a second or subsequent offense. Under the terms of Section 46-347, 'All clerks of court, magistrates, city recorders and other public officers in this State having charge or responsibility with respect to convictions or of the entry of pleas of guilty or of the forfeitures of bail posted for violation of § 46-343', or for the violation of any ordinance of a municipality of this State prohibiting a person from operating an automobile while under the influence of intoxicating liquor, are required within ten days to report to the Motor Vehicle Division of the Highway Department every such conviction, plea of guilty or forfeiture of bail. It is further provided: 'Such reports shall be made upon forms to be provided by the Department, arranged in duplicate, and the Director of the Motor Vehicle Division of the Department shall acknowledge the filing of each such report by signing the duplicate of such report and returning it to the officer making it, to be kept by such officer as evidence of his compliance with the requirement that he make such report.' This section further fixes a penalty of $25 for failure on the part of a public officer to make such report. Section 46-348 requires the Highway Department to suspend the license of any person who is convicted or forfeits bail for the violation of any statute or ordinance prohibiting a person from operating a motor vehicle while under the influence of intoxicating liquor. Under the terms of Section 46-350, the Highway Department is required each month to release to the public the names and addresses of all persons whose driver's licenses were suspended during the preceding month.

Appellant was tried, convicted and sentenced in the Court of General Sessions for Orangeburg County as a second offender for operating a motor vehicle while under the influence of intoxicating liquor. The State sought to establish a first offense by offering in evidence the original of a report made by a magistrate of Greenville County to the Highway Department, pursuant to Section 46-347. This report was on a form prescribed by the Highway Department and was duly identified by the custodian of the records. Appellant objected to its admission on the ground 'that the best evidence of the conviction in a magistrate's court is the trial docket of the magistrate.' The trial Judge overruled the objection and admitted the document. It is contended on this appeal that the Court erred in doing so.

Section 43-9 of the 1952 Code, which was enacted more than half a century ago, requires a magistrate to keep a book wherein shall be entered 'all warrants issued by him and what disposition he has made of them.' It has been held that such a book may be offered in evidence for the purpose of showing the disposition of a criminal proceeding had before a magistrate. Cherry v. McCants, 7 S.C. 224; State v. Rice, 49 S.C. 418, 27 S.E. 452. Section 46-347 of the 1952 Code, which was enacted in 1949, imposes upon magistrates the additional duty of reporting to the Highway Department every person convicted before them of driving an automobile while under the influence of intoxicating liquor. The records required by each of the foregoing sections are kept by the magistrate in obedience to a statutory demand. No good reason appears why a greater degree of verity should be attached to one than the other. It is manifest that the purpose of Section 46-347 was to establish a central depository for the records of all persons convicted in this State for the violation of any statute or ordinance prohibiting the driving of any motor vehicle while under the influence of intoxicating liquor. A central place for keeping such records is essential for the effective enforcement of the statute with reference to suspension of driver's licenses and the prosecution of those charged with driving an automobile while under the influence of intoxicating liquor.

We think that a report made by an officer pursuant to Section 46-347 is admissible as a public document or official statement. It is generally held that where a public official is required by law to make a certificate or written statement as to some matter or fact pertaining to and as a part of his official duty, such writing is competent evidence of the matter or fact therein recited. 32 C.J.S., Evidence, § 626; Adams v. State, 224 Ind. 472, 69 N.E.2d 21; People v. Purcell, 22 Cal.App.2d 126, 70 P.2d 706. In Barber v. Hochstrasser, 136 N.J.L. 76, 54 A.2d 458, 461, the Court said:

'Where public officers are under a duty to keep a record of transactions which occur in the course of their public service, the official records and writings so made by such officers, or under their supervision, are of a public nature and are ordinarily admissible in evidence as proof of their contents, even though not proved by the person who actually made the entries. Such...